
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1355]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER XIV--GRANTS TO STATES FOR AID TO PERMANENTLY AND TOTALLY 
                                DISABLED
 
Sec. 1355. Definitions

    For the purposes of this subchapter, the term ``aid to the 
permanently and totally disabled'' means money payments to needy 
individuals eighteen years of age or older who are permanently and 
totally disabled, but does not include any such payments to or care in 
behalf of any individual who is an inmate of a public institution 
(except as a patient in a medical institution) or any individual who is 
a patient in an institution for tuberculosis or mental diseases. Such 
term also includes payments which are not included within the meaning of 
such term under the preceding sentence, but which would be so included 
except that they are made on behalf of such a needy individual to 
another individual who (as determined in accordance with standards 
prescribed by the Secretary) is interested in or concerned with the 
welfare of such needy individual, but only with respect to a State whose 
State plan approved under section 1352 of this title includes provision 
for--
        (1) determination by the State agency that such needy individual 
    has, by reason of his physical or mental condition, such inability 
    to manage funds that making payments to him would be contrary to his 
    welfare and, therefore, it is necessary to provide such aid through 
    payments described in this sentence;
        (2) making such payments only in cases in which such payments 
    will, under the rules otherwise applicable under the State plan for 
    determining need and the amount of aid to the permanently and 
    totally disabled to be paid (and in conjunction with other income 
    and resources), meet all the need \1\ of the individuals with 
    respect to whom such payments are made;
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    \1\ So in original. Probably should be ``needs''.
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        (3) undertaking and continuing special efforts to protect the 
    welfare of such individual and to improve, to the extent possible, 
    his capacity for self-care and to manage funds;
        (4) periodic review by such State agency of the determination 
    under paragraph (1) to ascertain whether conditions justifying such 
    determination still exist, with provision for termination of such 
    payments if they do not and for seeking judicial appointment of a 
    guardian or other legal representative, as described in section 1311 
    of this title, if and when it appears that such action will best 
    serve the interests of such needy individual; and
        (5) opportunity for a fair hearing before the State agency on 
    the determination referred to in paragraph (1) for any individual 
    with respect to whom it is made.

At the option of a State (if its plan approved under this subchapter so 
provides), such term (i) need not include money payments to an 
individual who has been absent from such State for a period in excess of 
ninety consecutive days (regardless of whether he has maintained his 
residence in such State during such period) until he has been present in 
such State for thirty consecutive days in the case of such an individual 
who has maintained his residence in such State during such period or 
ninety consecutive days in the case of any other such individual, and 
(ii) may include rent payments made directly to a public housing agency 
on behalf of a recipient or a group or groups of recipients of aid under 
such plan.

(Aug. 14, 1935, ch. 531, title XIV, Sec. 1405, as added Aug. 28, 1950, 
ch. 809, title III, pt. 5, Sec. 351, 64 Stat. 557; amended Pub. L. 87-
543, title I, Sec. 156(d), July 25, 1962, 76 Stat. 207; Pub. L. 89-97, 
title II, Sec. 221(c), title IV, Sec. 402(d), July 30, 1965, 79 Stat. 
358, 417; Pub. L. 92-603, title IV, Secs. 408(c), 409(c), Oct. 30, 1972, 
86 Stat. 1490, 1491; Pub. L. 97-35, title XXI, Sec. 2184(c)(3), Aug. 13, 
1981, 95 Stat. 817.)

                            Repeal of Section

        Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86 
    Stat. 1484, provided that this section is repealed effective Jan. 1, 
    1974, except with respect to Puerto Rico, Guam, and the Virgin 
    Islands.


                               Amendments

    1981--Pub. L. 97-35 struck out in provision preceding par. (1) ``, 
or (if provided on or after the third month before the month in which 
the recipient makes application for aid) medical care in behalf of, or 
any type of remedial care recognized under State law in behalf of,'' 
after ``money payments to''.
    1972--Pub. L. 92-603 authorized the State, at its option, to include 
within ``aid to the permanently and totally disabled'' provisions 
relating to money payments to an individual absent from such State for 
more than 90 consecutive days, and provisions relating to rent payments 
made directly to a public housing agency.
    1965--Pub. L. 89-97 struck out from definition of ``aid to the 
permanently and totally disabled'' the exclusion of payments to or 
medical care in behalf of any individual who has been diagnosed as 
having tuberculosis or psychosis and is a patient in a medical 
institution as a result thereof; and extended definition of ``aid to the 
permanently and totally disabled'' to include payments made on behalf of 
the needy individual to another individual who (as determined in 
accordance with standards determined by the Secretary) is interested in 
or concerned with the welfare of such needy individual and enumerated 
the five characteristics required of state plans under which such 
payments can be made, including provision for finding of inability to 
manage funds, payment to meet all needs of the individual, special 
efforts to protect welfare, periodic review, and opportunity for fair 
hearing, respectively.
    1962--Pub. L. 87-543 inserted ``(if provided in or after the third 
month before the month in which the recipient makes application for 
aid)'' before ``medical care''.


                    Effective Date of 1965 Amendment

    Amendment by section 221(c) of Pub. L. 89-97 applicable in the case 
of expenditures made after Dec. 31, 1965, under a State plan approved 
under this subchapter, see section 221(e) of Pub. L. 89-97, set out as a 
note under section 303 of this title.
    Amendment by section 402(d) of Pub. L. 89-97 applicable in the case 
of expenditures made after Dec. 31, 1965, under a state plan approved 
under subchapter I, X, XIV, or XVI of this chapter, see section 402(e) 
of Pub. L. 89-97, set out as a note under section 306 of this title.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-543 applicable in the case of applications 
made after Sept. 30, 1962, under a State plan approved under subchapter 
I, IV, X, or XIV of this chapter, see section 156(e) of Pub. L. 87-543, 
set out as a note under section 306 of this title.
